NATURE OF PROCEEDINGS: 1) HEARING ON DEMURRER — NOTICE OF DEMURRER AND DEMURRER TO FIRST AMENDED COMPLAINT OF MELODI ZARET, AND INDIVIDUAL AND TRUSTEE OF THE ZARET HOFFMAN FAMILY TRUST [DEFT] FLYNN/MMB MORTGAGE FUND, LLC, A CA LIMITED LIABILITY C0. [DEFT] CHARLES JOSEPH FLYNN
2) MOTION — TO REINSTATE JURY TRIAL [PLTF] MELODI ZARET
RULING
Defendants” demurrer to the second and seventh causes of action is overruled. The demurrer to the first, third, fourth and fifth cause of action is sustained with leave to amend.
Plaintiff‘s motion to reinstate jury trial is DENIED.
I. DEMURRER Procedural Defects Defendants failed to provide a copy of the First Amended Complaint with the moving papers in violation of Marin County Rule, Civil 1.8C2. Defendants also failed to file a proper meet and confer declaration under Code of Civil Procedure 430,31(a). Although Mr. Judd’s declaration indicates he sent a “meet and confer” letter on November 25, 2020, and Mr. McFarland’s declaration in support of t
Hearing Date
March 02, 2021
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NATURE OF PROCEEDINGS: 1) HEARING ON DEMURRER — NOTICE OF DEMURRER AND DEMURRER TO FIRST AMENDED COMPLAINT OF MELODI ZARET, AND INDIVIDUAL AND TRUSTEE OF THE ZARET HOFFMAN FAMILY TRUST [DEFT] FLYNN/MMB MORTGAGE FUND, LLC, A CA LIMITED LIABILITY C0. [DEFT] CHARLES JOSEPH FLYNN
2) MOTION — TO REINSTATE JURY TRIAL [PLTF] MELODI ZARET
RULING
Defendants” demurrer to the second and seventh causes of action is overruled. The demurrer to the first, third, fourth and fifth cause of action is sustained with leave to amend.
Plaintiff‘s motion to reinstate jury trial is DENIED.
I. DEMURRER Procedural Defects Defendants failed to provide a copy of the First Amended Complaint with the moving papers in violation of Marin County Rule, Civil 1.8C2. Defendants also failed to file a proper meet and confer declaration under Code of Civil Procedure 430,31(a). Although Mr. Judd’s declaration indicates he sent a “meet and confer” letter on November 25, 2020, and Mr. McFarland’s declaration in support of t